Tenant's Excuse for No-Show Prevents Eviction

April 30, 2008

Facts: An owner sued a tenant for nonpayment of rent, and asked that the court award it back-rent of nearly $13,000 and possession of the leased space. The court awarded the owner the requested relief after the tenant did not appear for the trial. The tenant subsequently asked the court to allow it to reinstate the tenancy by paying the overdue rent. The tenant claimed that its store manager falsely reported that the rent had been paid in full, and did not inform management about the lawsuit.

Decision: A New York court ruled in favor of the tenant.

Facts: An owner sued a tenant for nonpayment of rent, and asked that the court award it back-rent of nearly $13,000 and possession of the leased space. The court awarded the owner the requested relief after the tenant did not appear for the trial. The tenant subsequently asked the court to allow it to reinstate the tenancy by paying the overdue rent. The tenant claimed that its store manager falsely reported that the rent had been paid in full, and did not inform management about the lawsuit.

Decision: A New York court ruled in favor of the tenant.

Reasoning: The court reasoned that the tenant was entitled to the chance to cure—that is, fix—the rent default and retain possession of the space, because it had a good reason for not appearing at the original trial.

  • RPS Greenvale Realty, LLC v. Rosa's of Roslyn, Inc., March 2008

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